SHIV SURAT PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Several residential plots in Salt Lake Township were leased out by the State Government to various lessees. Two types of model lease-deeds were prepared by the State Government for transfer of those plots of land on lease. One of such model lease-deed contained 17 clauses and other set of model lease-deed contained 21 clauses. So far as the lease-deed containing 17 clauses is concerned, no restriction on transfer and/or assignment of the leasehold interest was imposed on the lessee. Only restriction was imposed on subdivision and/or subletting of the demised plot on the lessee. However, restriction on transfer and/or assignment of the leasehold interest by the lessee in favour of any stranger was imposed in the lease-deed containing 21 clauses. Here is the case where the plot of land which was identified as plot No. 157 in Block CA, Sector-I of the Northern Salt Lake City Extension Area was leased out by the State Government in favour of one Rabindra Nath Ghosh for a period of 999 years by executing a lease-deed on 28th February, 1972 containing 17 clauses. The said lease-deed is annexed to this writ petition which is appearing at page 16 thereof.

(2.) On perusal of the said lease-deed, this Court finds that the said lease-deed contained 17 clauses and no restriction was imposed on transfer and/or assignment of the leasehold interest on the lessee. Subsequently, the lessee, viz., Rabindra Nath Ghosh assigned his leasehold interest for the remainder period in favour of one Smt. Pratima Acharja Bhaduri (Bose) by executing a registered deed of transfer on 14th March, 1980.

(3.) The petitioners claim that the said transferee subsequently got her name mutated as lessee in respect of the said plot of land with the concerned authority. However, no such document of mutation has been annexed to this writ petition.